Insolvency
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Insolvency Lawyers
We advise on individual voluntary arrangements (IVAs), Fastrack VA (FTVA), company voluntary arrangements (CVAs), bankruptcy, restructuring, receivership, administration, liquidation.
We work closely with the best insolvency practitioner in the country, who like us, is totally on your side.
We help with debt restructuring and the impact of insolvency on property.
We advise on the transfer of undertakings (Protection of Employment Regulations 1981), “TUPE”.
We advise on wrongful trading and the liability of directors and directors’ disqualification.
We enforce securities and advise on the best method of recovery, or saving assets.
More Information about IVA and CVA Lawyers
Better than solicitors. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
We offer a fast and efficient service and are committed to a high level of client satisfaction.
Bankruptcy for Europeans in the UK
A bankrupt is usually discharged after one year in England, and this binds European creditors, where the period is far longer. If therefore you are not in England, we can still help you get legally bankrupted in the UK to discharge your debts.
Contact the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
How to turn the tables if you owe money
If one of your creditors under pressure to chase debts, fails to take note of harassment legislation it could lead to fines and even imprisonment, and you can turn this to your advantage.
There is a thin line between good business acumen and harassment. The courts are prepared to award damages if they feel that a debtor has been harassed in the race to secure debts. Undoubtedly, economic uncertainties will test tempers but if this leads to individuals in a business behaving inappropriately, a harassment claim is a real possibility. Whether it is a customer claiming damages for harassment against a big corporation or one businessman suing another for causing anxiety and distress, the Protection from Harassment Act 1997 is increasingly being used as a tool in a debt recovery matters.
If businesses fail to consider the harassment legislation in all of this, they may end up paying money out to you rather than getting it in.
Threatening behaviour
In a badly handled debt recovery action, British Gas sent Ms Ferguson threatening bills and letters. Such threats included legal proceedings and, threats to report her to credit rating agencies.
Ms Ferguson decided to take a stand and sued British Gas, saying that its behaviour amounted to unlawful harassment contrary to the Protection from Harassment Act. She claimed £5,000 for distress and anxiety and £5,000 for financial loss because of the time she had lost and expenses she had incurred in dealing with British Gas.
The Court of Appeal agreed with Ms Ferguson that the behaviour could amount to harassment and that it was strongly arguable that it did.
Oppressive and unacceptable
In S&D Property Investments Ltd v Nisbet, the case started off as a straightforward debt recovery action in the sum of £111,579, said to be due from Mr Nisbet relating to monies lent.
Mr Nisbet counterclaimed damages for harassment by Mr French, a director and shareholder in S&D. He maintained that S&D was also liable for Mr French’s behaviour.
The judge accepted that Mr French’s initial frequent and insistent chasing of the debt was not harassment but, when he made reference to being tempted to beat Mr Nisbet, this was oppressive and unacceptable and amounted to harassment. Judges are more streetwise than you may think. They know what ‘paying a visit’ means.
The court also had little trouble accepting that Mr French calling at Mr Nisbet’s house on two occasions and shouting abuse amounted to harassment).
This case shows that oppressive and unacceptable behaviour in seeking to recover a debt can backfire and result in the payment of compensation for distress, anxiety and financial loss. Mr Nesbit got £7,000 damages
When seeking to make a recovery of a debt, a business can end up actually paying out compensation under the Protection from Harassment Act or, indeed, being subjected to a fine or prison sentence of up to six months.
The moral of the tale
If someone is getting ‘heavy’ with you, note it all on a spreadsheet which we can e-mail you free of charge. And then brief the expert Rodney ‘The Rottweiler’
We have had cases where the whole debt has been written off.
Do not get mad get even.
For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
